ausing evacuation
of a building, place of assembly or facility of public transportation.

causing serious
public inconvenience.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Threatened to
commit a crimeThe first element is that the
defendant threatened to commit (any crime involving the use of a hazardous
substance / any crime of violence). <Insert appropriate
definition:>

A hazardous
substance is any physical, chemical, biological or radiological substance or
matter which, because of its quantity, concentration or physical, chemical or
infectious characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating reversible
illness, or pose a substantial present or potential hazard to human health.

A crime of violence
is one in which physical force is exerted for the purpose of violating,
injuring, damaging, or abusing person or property.

A
threat can only be punishable when it is a true threat, that is, a threat that a
reasonable person would understand as a serious expression of an intent to harm
or assault, and not as mere puffery, bluster, jest or hyperbole. In determining
whether the threat is a true threat, consider the particular factual context in
which the allegedly threatening conduct occurred which could include the
reaction of the person allegedly being threatened and the defendant's conduct
before and after the allegedly threatening conduct.2

Element 2 - RecklessnessThe second element is that the
defendant acted in reckless disregard of the risk that this threat would
(terrorize another person / cause evacuation of a building, place of assembly or
facility of public transportation / cause serious public inconvenience). [To terrorize means to cause intense fear or
apprehension.3]

A person acts "recklessly"
with respect to a result or circumstances when (he/she) is aware of and
consciously disregards a substantial and unjustifiable risk that such result
will occur or that such circumstances exist. <See
Recklessness, Instruction 2.3-4.>

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant threatened to commit (any crime
involving the use of a hazardous substance / any crime of violence), and 2)
(he/she) acted with reckless disregard of the risk of (terrorizing another
person / causing evacuation of a building, place of assembly or facility of
public transportation / causing serious public inconvenience).

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
threatening in the first degree, then you shall find the defendant guilty. On
the other hand, if you unanimously find that the state has failed to prove
beyond a reasonable doubt any of the elements, you shall then find the defendant
not guilty.
_______________________________________________________

1 The element "to terrorize another
person" is only applicable when the crime threatened is one involving the use of
a hazardous substance.